The lawsuit also alleges that Hard Rhino, the creator of the caffeine powder Stiner consumed, should have labeled the caffeine power as a stimulant, not as a “dietary supplement,” and that the company also failed to properly warn the consumer of the difficulty in distinguishing between a safe dose and a lethal dose.

The Stiner family lawsuit asks for $25,000 in damages and has started a petition that asks the FDA to ban the powder.